42.—(1) Merseytravel may operate and use the authorised tram system and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
(2) Subject to paragraph (4), article 52 and section 10 of the Transport Act 1968(1), Merseytravel shall, for the purpose of operating the tram system, have the exclusive right—
(a)to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tram system; and
(b)to occupy any part of the street in which that apparatus is situated.
(3) Any person who, without the consent of Merseytravel or other reasonable excuse, uses the apparatus mentioned in paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) except to the extent that the exercise of the right is constrained by the presence of the apparatus.